When you arrive to work each day you have an expectation that you will be paid for the work you do in a fair and timely manner. If you work in a warehouse and you haven’t been paid, then you might be able to file a wage theft claim.
Wage theft is something that happens every day across the country. It can happen in big corporations or small businesses with just a few employees. It is a major problem for warehouse employees because they often operate away from the rest of the company, so when problems arise it is harder for them to raise the red flag.
There are a number of situations that constitute wage theft. Some of the most common forms include not being paid the proper minimum wage, not being paid for overtime, not receiving the final paycheck upon leaving the job, not being paid for all of the hours worked and not being paid at all.
While there are always extenuating circumstances that might lead to your paycheck being late, or even missed, it all lies in the reason for a delay. A natural disaster is one thing, but purposefully trying to shave hours from your check is highly illegal.
If you think you have been the victim of wage theft, there are certain steps you need to follow to ensure that you are paid properly.
Payday Requirements for Warehouse Employees
Wage theft protection comes from the federal government, and there are also state and local laws that protect workers. Similarly, each state has its own guidelines in terms of how often employees should be paid.
The most common types of payday requirements include weekly, bi-weekly, semi-monthly and monthly. Some states require one or two of these, while some embrace them all. California, for example, requires at least weekly, bi-weekly or semi-monthly payments, while Oregon only requires monthly payments. Some states, like North Carolina and Pennsylvania, don’t require a specific payday system.
If a California business wanted to pay its warehouse employees every two months, then that would constitute a wage theft violation.
When it comes to being a warehouse employee, if you work in a state with a payday requirement and those requirements have not been met, then you might have a wage theft claim because you are not being paid according to state law.
What to Do if You Haven’t Been Paid as a Warehouse Employee
If you have not been paid as a warehouse employee, there are steps to follow before filing a wage theft complaint. The first step is to determine why you have not been paid. To do that, you need to speak with your manager, or to your company’s payroll or human resources department. In some cases it could be as simple as a clerical error that prevented you from being paid, in which case it should be resolved quickly.
However, if you go to human resources and nothing is done about the problem, then you need to take action. Employees are protected against wage theft by the Department of Labor, specifically the Wage and Hour Division (WHD). You can file a complaint with the WHD at your local branch office, by phone or online.
You might also pursue a private lawsuit against your employer. Each case is different, and in order to determine your next steps it can be helpful to consult with an employment lawyer.
Get Help With Your Claim
Whether you decide to file a claim with the WHD or if you want to pursue a private lawsuit against your employer, an employment attorney may be able to help. Though there is no guarantee that working with an employment attorney will lead you to win your case, it will greatly improve your chances of a successful outcome.
An attorney can help review your case, help you gather evidence and represent you in court, and these are helpful given that filing a complaint against your employer can be stressful and intimidating. Having an experienced advocate working on your behalf will alleviate a great deal of stress and ensure that you have a strong case.
Many employment attorneys will work on a contingency basis, which means they will not require a fee payment upfront to take your case, and you only pay if you win your case. With little risk of having to pay out of pocket, it is a good idea to have someone helping you with your claim.
To learn more about how an employment attorney can help you with your claim, fill out the free case evaluation.
